What is meant
by a cognizable offence? Non-cognizable
offence? Can an FIR only be registered
for a criminal/ cognizable case?
Is every cognizable case a criminal
case?

A cognizable offence
is a case where the Police can
arrest without a warrant. All
cognizable cases involve criminal
offences. Murder, Robbery, Theft,
Rioting, Counterfeiting etc. are
some examples of cognizable offences.
Non-cognizable offences are those
criminal infractions, which are
relatively less serious. Examples
of non-cognizable offences include
Public Nuisance, Causing Simple
Hurt, Assault, Mischief etc. The
Police cannot register criminal
cases or cause arrests with regard
to non-cognizable offences. In
all such cases, the Police have
to take permission from a magistrate
for registration of a criminal
case.

2.

What is First
Information Report (FIR)?

The report pertaining
to occurrence of a cognizable
offence, received at the Police
Station is called First Information
Report, popularly known as FIR.
Since it is the first information
about the cognizable offence,
it is called First Information
report. On receipt of this information
police registers the report in
a FIR Register and begins the
investigation of the crime. Is
the complainant entitled to a
free copy of the FIR? Yes, definitely.
As per Criminal Procedure Code
(Cr.PC) it is mandatory on the
part of police to provide a copy
of the FIR, free of cost to the
complainant.

3.

Is there a time
frame for an FIR to be registered
once the complaint is given?

On receipt of a
complaint disclosing a cognizable
offence, the Police should draw
up an FIR forthwith.

4.

Who is the officer
on duty? If the officer on duty
is not present, what are the alternatives
to get the paperwork done (complaint,
FIR)?

The senior most
Police officer available in the
Police Station at any point of
time, (SHO or his subordinate
above the rank of a constable)
is the officer-in-charge, or the
duty officer. If the SHO / Inspector
is not present, a Sub-Inspector
or Head Constable will be the
officer-in-charge, who will receive
complaint or lodge FIRs.

5.

What about jurisdiction?
Can a crime committed in certain
area only be filed that area's
station?

A complaint can
be lodged in any Police Station.
After registration of the FIR,
the Police Station registering
the complaint can transfer the
FIR to the jurisdictional Police
Station / AWPS for investigation.

6.

Can I have a
receipt for my complaint?

Copies of FIRs
are given free of cost. FIR copy
is given immediately after registration
of a case. Where a case has not
been registered, you are entitled
to an acknowledgement from the
Police Station for your complaint.
This acknowledgement will carry
a CSR number.

7.

What to do if
the Police Station refuses to
register the FIR?

Police can refuse
to register the FIR only in non-cognizable
offences. In all cognizable offences
it is mandatory on the part of
the police station to register
the FIR. However, if the Police
Station refuses to register the
FIR, a complaint shall be made
to the senior police officer.
The complaint can be made to the
Concerned Circle Officer, Addl.
SP or the Superintendent of Police
of the concerned District. These
officers will get the FIR registered
and investigated.

8.

What the Police
Station does with a complaint
pertaining to Non-cognizable offence?

As per Cr. PC,
Police Station is required to
record an abstract of such complaint
in the General Diary and advise
the complainant to file the complaint
in the concerned court as police
is not empowered to initiate action
in such matters without the directions
of the court.

9.

Are any kind
of fee or charges to be paid to
police for registration of FIR?

Absolutely not.
Police is not to be paid any fee
or money for registering the FIR
and subsequent investigation.
If anybody in the police station
makes such a demand, a complaint
should immediately be made to
the senior police officer as mentioned
above. Are any kind of fee or
charges to be paid for getting
the injured medically examined
or for putting up challan in the
court? No, the entire investigation
of the case, including the medical
examination of the injured and
submitting challan in the court,
is part of Government duty for
which no charges are levied by
the govt. If any demand for money
is made at any stage of investigation,
a complaint should immediately
be made to the senior police officers.

10.

What is the
next step after a complaint is
lodged?

If the complaint
indicates a cognizable offence,
an FIR should be registered by
the officer-on-duty of the Police
Station and investigation taken
up; if the facts do not prima
facie indicate commission of a
cognizable offence, a complaint
should be registered in the CSR
(Community Service Register) and
an enquiry taken up.

11.

What is a bailable
offence?

In bailable offences
police is supposed to take the
bail of the accused arrested in
such offences.

12.

What is a non-bailable
offence?

In non-bailable
offence, police invariably does
not take the bail of the accused
and only the court grants bail.
The list of bailable and non-bailable
offences is given in one of the
schedules of Criminal Procedure
Code.

13.

Can Police call
someone for investigation even
if granted anticipatory bail by
the court?

Yes, certainly.
The court only forbids the arrest
but does not prevent police from
calling the accused for investigation.
Infact, invariably it is one of
the conditions of the anticipatory
bail that the accused shall make
himself available for investigation
as and when required by the investigating
officer. Refusal to do so may
entitle the investigating officer
to move the court for cancellation
of anticipatory bail. In case
the investigating officer finds
that a criminal case is made out
against an accused granted anticipatory
bail by the court, he will not
arrest him but will release him
on bail, even if the offence is
non-bailable. Is it an offence
to register false FIR? Making
any kind of false complaint including
the FIR is a punishable offence
in the Indian Penal Code. One
should never resort to lodging
a false complaint to the police
in order to harass someone. This
act is not only punishable but
the complainant himself will have
to undergo the harassment of facing
a trial in the court.

14.

Explain sections 161,
162,173, CrPC

These are provisions
of the Criminal Procedure Code:-
Sec.161 and 162 Cr.P.C. deal with
recording of statements of witnesses
by the Police. The statements
of the witnesses are not to be
signed. Sec.173 Cr.P.C. states
that after completion of investigation,
the investigation officer shall
forward a Police report to the
jurisdictional magistrate giving
the result of the investigation
and further action to be taken.

15.

What is a charge
sheet? Is there a time frame for
a charge sheet to be framed?

When a Police officer
gives a Police report under section
173 Cr.P.C. recommending prosecution,
it is called a charge sheet. After
questioning the accused and hearing
the arguments, the magistrate
frames charges on the accused
for which he is tried.

16.

What is compoundable?
Non compoundable?

In certain offences,
the parties involved can effect
a compromise while the case is
under trial in the court. This
is called 'compounding', further
action in trial is discontinued.
Cases in which this is permissible
are called compoundable offences.
Examples of such offences are
Hurt, Wrongful Confinement, Assault,
Molestation, Cheating, Adultery
etc.

17.

Who is a magistrate?

In the context
of criminal matters, a magistrate
is a judge empowered to try certain
classes of offences in his jurisdiction.
He can also issue warrants, order
searches, grant or deny bail etc.
An execute magistrate is a government
servant of the revenue department
who exercises powers of inquest,
enquiry into allegations against
Police and cases involving security
proceedings.

18.

My friend has
borrowed a sum of Rs.10,000 from
me after executing a promissory
note. He has not returned the
loan. The Police are refusing
to arrest him when I complained
about this. What can I do?

This is a simple
civil transaction. The Police
will not be able to initiate any
criminal action. You will have
to file a civil suit in a civil
court for recovering the loan.

19.

"Slap"
a charge
My brother was slapped by a neighbour.
The Police have not arrested the
neighbour. What is the reason?

Causing a simple
hurt is a non-cognizable offence.
Police cannot register a First
Information Report on a non-cognizable
offence nor can they make an arrest.

20.

What
do you mean..."It was not
a robbery?"
I was robbed of a music system.
It was stolen from our house when
we were away. The Inspector said
it is not a robbery. Why?

Robbery involves
use of violence against a victim
in the course of comitting a theft.
Burglary involves house-breaking
and theft. If a thief steals some
articles from a house after breaking
the lock or by opening the lock
by using a false key or by scaling
over the wall, etc., he is guilty
of burglary. Dacoity is robbery
by a gang of five or more persons.

21.

Investigation
in a burglary
If there is a burglary in my house,
what steps will the police take?

After registration
of a case, the Investigating Officer
will visit the scene of crime.
Depending upon the availability
of clues, he may be assisted by
1. a Finger Print Expert to look
for finger prints. 2. a Police
tracker dog 3. a Scientific Expert
to help in collection of scientific
clues.

22.

Why
did they take my finger prints?
There was a burglary in our house.
The Police took finger prints
of all the inmates of the house.
Does this mean they suspect us?

Not necessarily.
At the scene, a lot of finger
prints may be found - some belonging
to those of the inmates and some
belonging to the criminal. The
finger prints of the inmates will
be taken to eliminate their prints
and identify any prints of strangers,
which may be those of the criminal.

COMMON
TRICKS

23.

Polishing
of gold jewels
A stranger came home offering
to clean and polish gold jewels.
Is it safe to entrust jewellery
to him?

Often such people use some
kind of liquid/acid in which
some of the gold will dissolve.
Your jewels may glitter after
the wash but you would have
lost some of the precious metal.

24.

Penny
wise Pound foolish
What is theft by diversion of
attention?

This is a technique
adopted by some gangs of thieves.
When a customer is waiting at
a bank counter, some one drops
some coins and the innocent customer's
attention is drawn to the scattered
coins on the floor. When he is
picking up the petty change, the
criminals may take his bundle
of currency on the bank counter.
Another technique adopted by the
gang is to squirt some substance
on the dress of a passerby and
draw his attention to the 'stain'
on the shirt. A gang member may
even pointout a convenient place
nearby where the stain can be
washed away. When the victim puts
down his bag or suitcase and is
engaged in cleaning up the stain,
the bag or suitcase will vanish.
Keeping up with the times, this
gang has now taken to snatching
laptops using the same technique.

25.

Double
your wealth (!)
Someone promised a friend of mine
that he can double the amount
of currency notes given to him.
Is he likely to give counterfeit
currency notes?

Your friend will
be lucky if he gets counterfeit
currency notes. More likely, he
will get a bundle of white paper
cut to the size of currency notes
and concealed between layers of
genuine notes. If your friend
is tempted by the offer of doubling
of currency, he will end up losing
his hard-earned money. If any
one offers to double your currency,
report to the Police.

26.

Pay
Rs.1,000/- Get goods worth Rs.2,000/-(!)
A new shop has appeared in our
neighbourhood. The shopkeeper
has advertised that if you pay
Rs.1,000, you will get goods worth
Rs.2,000 after one month. Some
of my neighbours have paid money
and got goods worth double the
value after one month. Is it safe
to invest in this?

More often than
not, you will get cheated. Some
of the initial customers may get
double the value but this is only
a ploy to win the confidence of
the public. Once the shopkeeper
makes enough money, he will vanish
leaving many of the investors
in the lurch.

FAQs
REGARDING CRIMES AGAINST CHILDREN

27.

Is there a need
for the child to be present in
the station when the offender
is being questioned?

No. In fact, the
child need not be brought to the
Police station at all.

28.

Can the child's
statement be recorded by a magistrate
at the time of filing the complaint/FIR
and the child never troubled again?

Unfortunately,
there are no such special provisions.
The child, as per existing law,
has to appear in the court for
giving testimony at the time of
trial. (except in the offences
under JJ Act, where the child
victim testifies before the Juvenile
Justice Board.)

29.

Is there a procedure
for taking photographs? Who takes
it (NGO or Police)

No specific procedure
is laid down.

30.

In case of child
victims, is it mandatory that
the child himself/ herself has
to lodge a complaint in the Police
station?

No. The offence
can be reported either in writing
(personally or through post) or
by narrating orally to officer
in-charge of Police station or
even through telephone. Any person
having information regarding the
offence can report it.

31.

When a victimised
child comes to a Police station,
what are the safeguards to minimise
his trauma?

In every Police
station, officers designated as
the 'Juvenile or the Child Welfare
Officer' are available. They are
expected to handle the matters
relating to children in distress
as well as juveniles. They work
in association with approved NGOs.
This is to ensure that the child
is not insensitively handled by
untrained uniformed officers.

32.

Can a child
kept in the Police station during
enquiry?

No. A child offender
or child victim cannot be kept
in a Police station. As an immediate
measure, the care of the child
victim should be entrusted to
approved NGOs/ Childline volunteers.
A child offender should be produced
before the Juvenile Justice Board,
as soon as possible.

33.

Can a child
be taken to the Police station
for enquiry?

No. A child witness
can be examined by the Police
only at his / her residence.

34.

What is to be
done when a juvenile offender
is apprehended by the Police?

As soon as a Juvenile in conflict
with law is apprehended by Police
he / she shall be placed under
the charge of the Juvenile Police
Unit created for the purpose,
or the designated Police officer,
who shall immediately report
the matter to a member of the
Juvenile Justice Board. Further
action will be taken on the
directions of the Board.

Officer/ In-charge of Police
station, after arrest of a Juvenile
shall inform the parents or
guardians of the Juvenile and
direct them to be present at
the board.

35.

What is the
role of the designated Police
officer of a Police station?

The designated
Police officer the Police station,
besides dealing with the cases
involving Juveniles, is also the
Nodal officer for attending the
calls from 'Child Helpline' and
for investigating cases relating
to child abuse. It is the duty
of the SHOs to ensure that the
designated officers personally
attend cases involving child victims.

36.

When an abandoned
child seen, what steps shall be
taken by the public to rescue
and what are the legal procedures
involved?

When an abandoned child is
seen by the public, immediately
intimate to the nearest police
station. Once handed over to
the nearest Police station,
case will be registered under
Children's Act and the child
will be produced before the
court. Through court orders,
the abandoned child will be
handed over to the children
home, namely, or else , intimate
the child help line or women
help line which will rescue
the child and legal procedures
will be followed.

What are the
rehabilitation measures for the
victimized girls and women in
prostitution?

Such victimized
women are provided with care treatment
rehabilitation and self employment
training at vigilance or protective
homes. Even at "Abaya Nilayam"
the same is provided. Through
social welfare deparment the victimized
women or girls can apply for the
government aid in the self employment
scheme were training are given
for job opportunities as well
as loans provided by the government
for self employment.

When insane
persons are found wandering, What
are the legal procedures to be
followed?

Intimation to be
given to the nearest Police station.
Police upon verification register
case under Lunatic Act. and produce
before the court. Once produced
before the court, orders will
be issued for the medical testing
and admission in the Kilpauk Mental
Hospital or Baniyan Or else, information
can be given to the Baniyan and
the Baniyan upon verification
admit the insane person.

Women Help line phone No. -
1091 ( Toll free )

39.

What are the
rehabilitation measures for the
alcoholic and drug addicts?

Rehabilitation
treatment is given at T.T.Krishnamachari
Hospital, 4th Main Road, Indiranagar,
Chennai.